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NYPD tricking gun owners out of their lawfully owned property? That’s the headline over at re: the New York Police Department’s letter to gun owners not-so-gently reminding them that owning a firearm with a magazine capable of holding more than 10 bullets makes them a serial killer or, at the very least, invites a 2am flash-bang-boom SWAT visit. The blogosphere has donned its aluminum foil hat on this one, as the NYD somehow forgot to mention that pre-1994 large capacity magazines are as legal as a high ball served in a frosty glass at the 19th green. Accidentally on purpose? I don’t think so. The more interesting aspect: following this directive is a complete pain in the ass. Check it out. . .

Dear License Renewal Applicant:

A review of the application you submitted reflects that you possess a handgun that may be in violation of the New York State Penal Law. This violation pertains to the number of bullets{sic} that can be stored in the magazine used to supply your handgun. New York State Penal Law § 265.02(8) makes it illegal to possess of a ‘large capacity ammunition feeding device’ which is defined to include, among other items, a magazine that has the capacity to hold more than ten rounds of ammunition. This provision of state law took effect November 1, 2000. A violation of this section of the Law is a class ‘D’ felony.

If your handgun is equipped with a ‘large capacity feeding device,’ you must acquire a magazine that complies with state law. After your handgun is modified you must report to the License Division for a handgun inspection prior to renewal of your license. Gun Inspections are performed Monday through Friday (except holidays) between the hours of 12:00 noon to 2:00 p.m. at One Police Plaza, Room 152. If you fail to either (1) modify your handgun; or (2) surrender it to a local police precinct; or (3) supply a detailed letter setting forth reasons that exempt you from this provision of the Penal Law, within 30 days of this notice your handgun license will be cancelled{sic}.

If you have any questions related to this correspondence, please direct them to Sergeant Chris Gonzalez of my staff who may be contacted at (646) 610-5872.

Very truly yours,

Andrew Lunetta
Deputy Inspector


Here’s another idea: buy a legal magazine or four and throw the other one(s) away. If your gun can’t comply with the law, trade it for another one. Next?

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    • …and they continue to elect them, year after year.

      I never really understood why gun rights advocates spend so much time and energy lamenting the anti-self-defense commu-topias of places like New York and California. Why not just move? Get the hell out; withdraw all your support for such a State.

      Gun owners (or those who would be gun owners, if their State allowed them to be) stand around and whine about how the government won’t let them exercise basic rights, and they don’t even have the fortitude to pick up and leave – meanwhile, real attempts at curtailing the abuses and usurpations against us, like the Free State Project, eternally languish in limbo without enough support or contribution to get too far off the ground.

      If every 2A advocate who was tired of how they are treated in NY, CA, IL, et al, were to pick up and go to, say New Hampshire (the FSP State), the goals in NH would have been realized some time ago and there’d already be a second or even third FSP focusing somewhere else.

      • Don’t “even have the fortitude to pick up and leave” you say? Since when was running away from a fight the courageous thing to do? The truly brave ones are the men and women who stay and try to fix what is wrong with their states. It’s easy for some to say “pick up and move”; but why should a native New Yorker, Illinoisan, or Californian have to move to another state to exercise his/her God-given, and Constitutionally-enumerated rights? They shouldn’t. Those are their homes, and they’re justified in their choices to stay and fight for them. What if we didn’t have the Second Amendment in this country? Would you say “pick up and move to Switzerland”? I think not.

        • “Since when was running away from a fight the courageous thing to do?”

          Since when was fighting a losing battle the smart thing to do?

        • Secret to survival:

          Got to know when to hold em, know when to fold, know when to walk away, know when to run

  1. If you have family it is extremely hard to pick up and leave. When I married my wife I married the state of Ohio. I might hate the winters but I know I am stuck here for life. The only thing that would ever make me move is if Ohio started restricting the rights of gun owners. I could not even imagine being told no 30 rounds. Currently we have a limit of no more than 30 which can such but my AK and AR only have 30’s so who cares. I grew up on a 200 acre farm so it would be crazy hard for me to be told no guns or huge limits on them.

  2. The only options are stay and be oppressed or leave and enjoy freedom people have in places such as Arizona. You want to go around heeled but don’t want to get a CCW for whatever reason (such as it being public record and some employers are hostile, or future issues with companies such as life insurance) it’s perfectly legal here. I came back to Arizona after living in California mainly because the state respects your liberty more than any other place I know of.

    I watched as friends of mine had their life savings stolen because California Governor Davis signed an executive order that allowed the California Tax Authority to seize private citizens bank/brokerage accounts without due process. I heard about people having their arms seized in Louisiana after Katrina with no recourse no appeals not even a slip to prove it was seized. People are still fighting to have their arms returned.

    When the majority of the population want to march into tyranny with smiles on their faces no amount of shouting, tackling and dragging is going to prevent it. You have to pick your battles and more importantly select your battlefield. If your going to fight for your rights you will have a much better chance of keeping them if you move your support to a place with like minded people. Then as the map goes Blue and Red at least you have a fighting chance.

  3. I lived in NY for many years, in a special “gulag” that makes Manhattan seem conservative by contrast!

    I didn’t vote for the NY comunazis but found fewer and fewer Republicans willing to stand, myself included. Deterioration and moral decay increased while opportunities decreased – limited only to those willing to compromise.

    It was horrifying to see how blatantly the American Constitution was traduced and how few had the courage to challenge the status quo. After all, it was still America. In the early years I wondered why they didn’t just hang a “hammer and sickle” over Main Street and be honest about it. In later years the Alinsky-Franfurt School philosophy behind this experimental section of NY became increasingly evident as the “guinea pigs” were leveraged out of their homes and replaced – to a great extent – by moslems.

    The word “Denial” comes to mind. I only stopped believing that matters could improve after two attempts on my life and the refusal of all authorities to investigate and prosecute even with police witnesses, known perps, etc. I now live abroad, near my American born daughter and her family, all of whom miss the USA, none of whom would ever live in New York City again.

    New York – the least free State in the Union. (George Mason U study. New Hampshire is first, Arizona and Texas are up there!)

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